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Contents (2016 - 58)
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Crown Land Management Act 2016 No 58
Current version for 1 July 2019 to date (accessed 29 January 2020 at 20:36)
Part 2 Division 2.6
Division 2.6 General
2.21   Division of assets, rights and liabilities when land added to different dedicated or reserved Crown land
(1)  This section applies if the whole or any part of dedicated or reserved Crown land (the added land) is added to different dedicated or reserved Crown land (the expanded land) under this Part.
(2)  The Minister may, by the notice that adds the added land to the expanded land or a subsequent notice published in the Gazette, provide for specified assets, rights and liabilities of the former Crown land manager of the added land to be transferred to the Crown land manager of the expanded land.
(3)  An asset, right or liability cannot be specified for the purposes of subsection (2) unless:
(a)  the Minister is satisfied that it was created, exercisable or incurred in connection with the exercise of functions as the Crown land manager of the added land, or
(b)  the parties to an agreement under subsection (4) have requested it.
(4)  The former Crown land manager of the added land and the Crown land manager of the expanded land may agree to the appropriate division of the assets, rights and liabilities of the former Crown land manager in relation to the added land.
(5)  The Minister does not have to transfer any assets, rights or liabilities under this section unless:
(a)  if there is an agreement under subsection (4)—the parties to the agreement request it, or
(b)  the Minister is satisfied that an agreement under subsection (4) is not likely to be reached.
(6)  Schedule 6 applies to a transfer of any asset, right or liability to a person by a notice referred to in subsection (2).
2.22   Responsibility for public reserves
(1)  This section applies to dedicated or reserved Crown land that is a public reserve and has effect despite anything in the Local Government Act 1993.
(2)  The Minister may, by notice published in the Gazette, declare that the dedicated or reserved Crown land is for the time being under the care, control and management of the Minister.
(3)  Accordingly, the council does not have control of the dedicated or reserved Crown land as provided by section 48 of the Local Government Act 1993.
(4)  If the Minister, by subsequent notice published in the Gazette, revokes a notice under subsection (2) in relation to dedicated or reserved Crown land, section 48 of the Local Government Act 1993 is taken to apply in relation to the land.
(5)  In this section:
public reserve means a public reserve as defined in the Local Government Act 1993 (except a public reserve referred to in section 48 (1) (b) of that Act).
2.23   Minister taken to give consent for certain development applications over dedicated or reserved Crown land
(1)  This section:
(a)  applies in relation to dedicated or reserved Crown land for the purposes of the Environmental Planning and Assessment Act 1979 (and any instrument made under that Act), and
(b)  has effect despite anything in that Act (or any instrument made under that Act).
(2)  The Minister is taken to have given written consent on behalf of the Crown (as the owner of dedicated or reserved Crown land) for its Crown land manager or the holder of a lease or licence over the land to make a development application relating to any of the following kinds of development:
(a)  without limiting paragraph (g), the repair, maintenance, restoration or renovation of an existing building on the land if it will not do any of the following:
(i)  alter the footprint of the building by adding or removing more than one square metre (or any other area that may be prescribed by the regulations),
(ii)  alter the existing building height by adding or removing one or more storeys,
(iii)  involve excavation of the land,
(b)  the erection of a fence approved by the manager or the repair, maintenance or replacement of a fence erected with the manager’s approval,
(c)  the use of the land for any of the following purposes:
(i)  a purpose for which the land may be used under this Act,
(ii)  a purpose for which a lease or licence has been granted under this Act,
(d)  the erection of signage approved by the manager or the repair, maintenance or replacement of signage erected with the manager’s approval,
(e)  the erection, repair, maintenance or replacement of a temporary structure on the land,
(f)  the installation, repair, maintenance or replacement of services on the land,
(g)  the erection, repair, maintenance or replacement of any of the following on the land:
(i)  a building or other structure on the land permitted under the lease,
(ii)  a toilet block,
(iii)  a structure for the protection of the environment,
(h)  the carrying out on the land of any other development of a kind prescribed by the regulations or permitted under a plan of management for the land.
(3)  Subsection (2) does not apply in relation to any development that involves any of the following:
(a)  the subdivision of land,
(b)  the carrying out of development of a kind excluded by the regulations.
(4)  Any regulations made for the purposes of subsection (3) (b) may exclude the whole or any part of a kind of development specified by subsection (2).
(5)  To avoid doubt, the Minister’s consent on behalf of the Crown (as the owner of dedicated or reserved Crown land) to lodgment of a development application in respect of that land is required for the carrying out of any development to which subsection (2) does not apply.
2.24   Limits on compensation payable for compulsory acquisition of dedicated or reserved Crown land
(1)  This section applies to each of the following:
(a)  the determination of the amount of compensation payable under Part 3 of the Land Acquisition (Just Terms Compensation) Act 1991 in respect of the compulsory acquisition of the whole or part of dedicated or reserved Crown land managed by a Crown land manager,
(b)  the determination under section 191 of the Roads Act 1993 of the amount of compensation payable or provided under Division 2 of Part 12 of that Act in respect of the acquisition under that Division of the whole or part of dedicated or reserved Crown land managed by a Crown land manager,
(c)  the determination under section 22A of the Pipelines Act 1967 of the amount of compensation payable in respect of the vesting of the whole or part of dedicated or reserved Crown land managed by a Crown land manager or the vesting of an easement over the whole or part of land of that kind.
(2)  This section does not apply to land that comprises dedicated land for which a Crown grant was granted to a former reserve trust or a predecessor in title before the commencement of the Crown Lands (Land Titles) Amendment Act 1980.
(3)  Despite section 55 of the Land Acquisition (Just Terms Compensation) Act 1991, in determining the amount of compensation, if any, payable to a Crown land manager of dedicated or reserved Crown land managed by the manager, regard is to be had to the following matters only (as assessed in accordance with this section):
(a)  the value to the manager of any improvements (including structures) erected or carried out by the manager on the land being acquired or vested, or over which the easement is vested, on the date the land is acquired,
(b)  the amount of any loss attributable to the reduction in public benefit from any loss of public open space that arises from the acquisition or vesting of the land,
(c)  the amount of any reduction in the value to the manager, as at the date the land is acquired or vests, or the easement vests, of any other improvements (including structures) erected or carried out by the manager on other land that is caused by the land acquired being severed from the other land under management,
(d)  the cost to the manager of acquiring additional land having environmental benefits that are comparable to the land being acquired or vested,
(e)  any loss attributable to disturbance (as defined in section 59 of that Act), other than loss arising from the termination of a lease or licence over the whole or part of the land being acquired.
(4)  For the purposes of a determination of an amount of compensation:
(a)  the Crown is to be treated as being the only holder in fee simple of the land that is acquired or vested or over which the easement is vested, and
(b)  section 56 (2) of the Land Acquisition (Just Terms Compensation) Act 1991 applies as if the value of improvements (including structures) erected or carried out by the Crown land manager on the land is the market value of the manager’s interest in the land.
(5)  If dedicated or reserved Crown land is managed by the authority acquiring the whole or part of the land, the authority is not entitled to compensation in respect of the acquisition or vesting if it decides not to require compensation and does not revoke that decision before the acquisition of the land concerned.
(6)  This section does not affect:
(a)  any function of the Minister over the dedicated or reserved Crown land or the requirements of the Crown land management rules concerning the application of compensation that is payable, or
(b)  the rights under the Land Acquisition (Just Terms Compensation) Act 1991 of a person from whom native title rights and interests in relation to land have been acquired.
(7)  In this section:
dedicated or reserved Crown land managed by a Crown land manager includes land:
(a)  to which the provisions of this Part are applied by another Act or that is taken under another Act to be dedicated or reserved Crown land under this Act, and
(b)  for which a Crown land manager has been appointed or is taken to have been appointed.
2.25   Notice of challenges to validity of interests in dedicated or reserved Crown land
(1)  The validity of a lease, licence, permit, easement or right of way over dedicated or reserved Crown land (whether granted by the Minister, a Crown land manager or another person) cannot be questioned in legal proceedings unless a party to the proceedings has given the Minister not less than the minimum period of notice of the alleged invalidity.
(2)  Notice can be given before proceedings are commenced by a prospective party to proceedings.
(3)  The minimum period of notice is 3 months or a shorter period that may be prescribed by the regulations.
(4)  The notice of alleged invalidity must be given in the form approved by the Minister and must provide the information required by the approved form.
(5)  The court before which proceedings are pending may adjourn the proceedings to enable notice of alleged invalidity to be given.
(6)  In a particular case, the Minister may, by written instrument, waive the requirement for the giving of notice or reduce the minimum period.